UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-7721

UNITED STATES OF AMERICA,

Plaintiff - Appellee,
versus
WILLIAM MICHAEL WALDRON, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, District Judge.
(CR-02-923; CA-04-1472-4-25)

Submitted:

April 27, 2005

Decided:

May 19, 2005

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

William Michael Waldron, Jr., Appellant Pro Se. Rose Mary Parham,
Assistant United States Attorney, Florence, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:
William

Michael

Waldron,

Jr.,

seeks

to

appeal

the

district courts order granting summary judgment to the government

and dismissing his motion filed under 28 U.S.C. 2255 (2000).

The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability.

28 U.S.C. 2253(c)(1) (2000).

certificate of appealability will not issue absent a substantial

showing of the denial of a constitutional right.

2253(c)(2)

demonstrating
constitutional

(2000).
that

prisoner

reasonable

claims

are

satisfies

jurists

debatable

would

and

that

this

28 U.S.C.
standard

find
any

that

by
his

dispositive

procedural rulings by the district court are also debatable or

wrong.

See Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003);

Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d
676, 683-84 (4th Cir. 2001).
We have independently reviewed the record and conclude that
Waldron has not made the requisite showing.

Accordingly, we deny

a certificate of appealability and dismiss the appeal. We dispense

with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.

DISMISSED

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